N.Y. GMU Law § 96-B
This is the official text of N.Y. GMU Law § 96-B, part of New York’s GMU Law — part of the compiled statutory law of New York, published by the state as "GMU Law." Browse the sections below, each linked to its official government source.
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Tree conservation
Official statutory text
§ 96-b. Tree conservation. 1. The legislature hereby finds that there\nis a direct relationship between the planting of trees, shrubs and\nassociated vegetation in sufficient number in populated areas and the\nhealth, safety, and welfare of communities, and as related to the\nnatural, scenic, and aesthetic values of trees and the physical and\nvisual qualities of the environment which municipalities are authorized\nto protect. Trees and such vegetation abate noise, provide welcome shade\nto people, preserve the balance of oxygen in the air by removing carbon\ndioxide and fostering air quality, and add color and verdure to human\nconstruction. They also stabilize the soil and control water pollution\nby preventing soil erosion and flooding, yield advantageous\nmicroclimatic effects, and provide a natural habitat for wildlife. The\ndestructive and indiscriminate removal of trees and related vegetation\ncauses increased municipal costs for proper drainage control, impairs\nthe benefits of occupancy of existing residential properties and impairs\nthe stability and value of both improved and unimproved real property in\nthe area of destruction, and adversely affects the health, safety, and\ngeneral welfare of the inhabitants of the state.\n 2. In addition to any power or authority of a municipal corporation to\nregulate by planning or zoning laws or regulations or by local laws and\nregulations, the local legislative body of any county, city, town or\nvillage is hereby empowered to provide for the protection and\nconservation of trees and related vegetation. Such legislative body may\nrequire appropriate conditions applicable to any activity involving the\nremoval or destruction of trees or the substantial alteration of grade\nlevel around trees may include, where appropriate, requirements that the\nactivity be done as specified in an approved landscape plan and that the\nremoved trees be replaced by the planting of the same or alternate\nspecies of trees, and may provide, in connection therewith, required\nplantings for screening purposes. Such regulations, special conditions\nand restrictions, adopted in the exercise of the police power, shall be\nreasonable and appropriate to the purpose. The municipality may require\nthe posting of a performance bond to assure compliance with this\nsection. All charges and expenses incurred under this section by a town\nshall be a charge upon the taxable property of that part of the town\noutside any incorporated village.\n
Status: in_force · Read it on the official government site
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